151 judgments found.

Mockute v. Lithuania

Country: Lithuania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 66490/09
Health Topics: Health care and health services, Health information, Hospitals, Mental health, Sexual and reproductive health
Human Rights: Freedom of religion, Right to privacy
Facts:

The applicant suffered from an acute paranoid reaction disorder. She was taken to the Kaunas Psychiatric Hospital by her parents and at their request in 1992; she continued her treatment at another psychiatric hospital. The applicant had joined a religious sect before her first treatment, and her parents stated that she had become disoriented after …Read more

Tags: Clinics, Compulsory commitment, Compulsory testing, Depression, Disclosure, Examination, Forced treatment, Health facilities, Health records, Informed choice, Involuntary commitment, Involuntary treatment, Mandatory commitment, Mandatory treatment, Medical records, Mental illness, Mental institution, Non-disclosure, Paranoia, Patient choice, Private hospitals, Psychiatry, Psychology, Public hospitals, Secrecy, Trauma, Unauthorized treatment
Download Judgment: English

Nedescu v. Romania

Country: Romania
Year: 2018
Court: The European Court of Human Rights
Citation: Application No. 70035/10
Health Topics: Health care and health services, Hospitals, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicants are husband and wife and wanted to try assisted reproduction at a private clinic. The applicant’s embryos were obtained and freezed for future use by the applicant. A criminal investigation led to the closure of the said clinic. During that process, all genetic material including the applicant’s embryos were transferred to a forensic …Read more

Tags: Assisted reproductive technology, Clinics, Examination, Health care professionals, Health care techn, Health care workers, Health facilities, In vitro fertilization, Infertility, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Case Of Fernandes De Oliveira v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: [2017] ECHR 78103/14
Health Topics: Controlled substances, Health care and health services, Hospitals, Mental health
Human Rights: Right to life
Facts:

The applicant’s son, A.J., had a history of mental health disorders, and alcohol and substance addiction, and since 1984 had spent several periods in psychiatric hospitals. During the period in September 1999 in which A.J. was hospitalised, the doctor treating A.J. did not permit him to leave the hospital whilst he was being treated. However, …Read more

Tags: Alcohol, Clinics, Drug use, Health facilities, Mental disorder, Mental illness, Psychiatry, Substance abuse, Suicide, Trauma
Download Judgment: English

Erdinç Kurt and Others v. Turkey

Country: Turkey
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 50772/11
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Disabilities, Health care and health services, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to family life, Right to life
Facts:

The applicants’ daughter suffered from cardiac problems when she was 1 year old and received treatment for it in children’s hospital. The first applicant (father) signed a consent form for a surgery of her daughter. The consent form entailed the risks. A further operation was conducted after obtaining a similar form from the father. After …Read more

Tags: Access to health care, Access to treatment, Children, Compensation, Damages, Duty of care, Emergency care, Examination, Health care professionals, Health care workers, Health facilities, Heart disease, Infant health, Minor, Negligence, Neurological diseases, Non-pecuniary damage, Pediatric health, Public hospitals, Remedies, Standard of care
Download Judgment: English

Ioniță v. Romania

Country: Romania
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 81270/12
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Informed consent, Medical malpractice
Human Rights: Right to due process/fair trial, Right to life
Facts:

The applicants’ minor son underwent surgery for the removal of a polyp in a public emergency hospital. The child was transferred to the ICU unit under a staff nurse who had assisted in the surgery. Due to a hemorrhage and a number of failed attempts to resuscitate, the child died. There were contrary reports of …Read more

Tags: Access to health care, Access to treatment, Child mortality, Children, Clinics, Compensation, Damages, Diagnostics, Duty of care, Emergency care, Examination, Health data, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Infant health, Infant mortality, Medical records, Minor, Negligence, Non-consensual testing and treatment, Non-pecuniary damage, Patient choice, Pediatric health, Primary care, Public hospitals, Remedies, Standard of care, Testing, Tort, Unauthorized treatment
Download Judgment: English

J.R. v. The Member of the Executive Council, North West Division, Mahikeng

Country:
Year: 2017
Court: The High Court of South Africa, North West Division
Citation: Case Number 303/16
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health
Facts:

JR in her capacity as the natural guardian of O claimed damages for medical negligence. O was admitted to the hospital as he was suffering from Diarrohea. A drip was inserted on his forehead. The plaintiff noticed some black spots near O’s ear and scalp (gangrenous tissue). The plaintiff alleged that the failure to monitor …Read more

Tags: Access to health care, Child development, Compensation, Damages, Duty of care, Health facilities, Inadequate treatment, Inappropriate treatment, Minor, Negligence, Neurological diseases, Public hospitals, Standard of care
Download Judgment: English

Lopes De Sousa Fernandes v. Portugal

Country: Portugal
Year: 2017
Court: The European Court of Human Rights
Citation: Application no. 56080/13
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health information, Hospitals, Infectious diseases, Medical malpractice
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The applicant’s husband underwent a surgery to remove nasal polyps. He suffered from severe headaches and went back to the emergency department. The duty doctor prescribed him some tranquilizer stating it was some psychological problem. As the headaches did not subside, a medical team examined him the next day and found that he was suffering …Read more

Tags: Access to health care, Access to treatment, Clinics, Compensation, Counseling, Damages, Diagnostics, Disclosure, Duty of care, Emergency care, Examination, Health facilities, Health records, Inadequate treatment, Inappropriate treatment, Medical records, Misdiagnosis, Negligence, Non-pecuniary damage, Private hospitals, Public hospitals, Remedies, Standard of care, Testing
Download Judgment: English

Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v. DZ obo WZ

Country: South Africa
Year: 2017
Court: Constitutional Court of South Africa
Citation: 2017 (12) BCLR 1528 (CC)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health care and health services, Hospitals
Human Rights: Right to bodily integrity, Right to health, Right to life
Facts:

The respondent – DZ in this case gave birth to WZ. Due to prolonged labour, DZ suffered from asphyxation, which led to cerebral palsy. WZ brought an action for damages on behald of DZ on the account of negligence of the hopsital staff. The Medical of the Executive Council (MEC) for health admitted negligence on …Read more

Tags: Access to health care, Access to treatment, Childbirth, Children, Damages, Duty of care, Health facilities, Inadequate treatment, Infant, Infant health, Maternal health, Minor, Negligence, Neurological diseases, Pediatric health, Pregnancy, Public hospitals, Remedies, Standard of care
Download Judgment: English

Paradiso and Campanelli v. Italy

Country: Italy
Year: 2017
Court: The European Court of Human Rights
Citation: ECHR 034 (2017)
Health Topics: Child and adolescent health, Health care and health services, Sexual and reproductive health
Human Rights: Right to family life, Right to privacy
Facts:

The applicants are husband (Campanelli) and wife (Paradiso). After unsuccessful attempts at having a child, they registered themselves as prospective adoptive parents and obtained court approval to adopt a foreign child. Due to delays in the adoption, the applicants decided to resort to surrogacy arrangements. A surrogate mother was found in Russia and the applicants …Read more

Tags: Assisted reproductive technology, Child, Children, Clinics, Health facilities, In vitro fertilization, Minor, Pregnancy, Private hospitals
Download Judgment: English

The Center for Health, Human Rights and Development & Ors. v. The Executive Director, Mulago National Referal Hospital & Anr.

Country: Uganda
Year: 2017
Court: The High Court of Uganda at Kampala
Citation: Civil Suit No. 212 of 2013
Health Topics: Child and adolescent health, Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to family life, Right to health
Facts:

The 2nd and 3rd plaintiffs are husband and the wife. The 2nd plaintiff delivered two babies in the defendant hospital’s general ward but was discharged with only one baby. The defendants state that one of the babies was stillborn. The 2nd and the 3rd plaintiffs filed a police report for the loss their baby and …Read more

Tags: Awareness, Caesarean, Child mortality, Childbirth, Children, Clinics, Disclosure, Emergency care, Freedom of information, Health care technology, Health data, Health facilities, Infant health, Infant mortality, Maternal health, Medical records, Minor, Non-disclosure, Pediatric health, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English
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